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(영문) 서울중앙지방법원 2018.04.10 2017가단73977
부당이득금반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 15, 1994, the Plaintiff and D, as co-owned share holders, registered ownership transfer on November 25, 1994, and registered provisional disposition prohibiting transfer of ownership, creation of security right, and all other disposal acts under E’s name on May 11, 1995, the registration of ownership transfer under the Plaintiff’s name on April 4, 1997, and the registration of ownership transfer on October 5, 2015 under Defendant C’s name on October 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion and the Plaintiff’s determination as to this assertion were asserted by the Defendants, from April 28, 1994 to October 1, 2015, occupied and used the building indicated in the separate sheet, which was owned by Defendant C, without the Plaintiff’s consent, and thus, the Defendants are obliged to refund unjust enrichment equivalent to the rent during that period to the Plaintiff.

In full view of the overall purport of the pleadings in the statement of evidence Nos. 4-1, 2, and 1, the Plaintiff: (a) agreed to newly construct six household unit housing on the Seongbuk-gu Seoul Metropolitan Government G G 61m2, H 68m2 and I 214m2; (b) on July 13, 1993, each of the above sites was sold to J around October 20 of the same year; (c) on the construction of the above apartment house; (d) on the completion of the sale of the unit housing; (e) on the completion of the construction of the unit housing; and (e) on the completion of the sale of the unit housing; (e) on the completion of the construction of the unit housing; and (e) on the completion of the construction of the unit housing; (e) the F Co., Ltd., whose representative director is the Defendant B, an employee of J on November 25, 1993; and (e) on the sale of the unit housing from the list No. 10 to 98m2.

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